GARDNER, Circuit Judge.
Appellant was jointly indicted with his brother, Bill Schwyhart, in an indictment charging that appellant and his codefendant "on the 30th day of October, 1934, in the Harrison Division of said District and within the jurisdiction of said court, did unlawfully and feloniously and forcibly break into a certain building used in part as a United States post office, to-wit, a certain store building used in part as the United States Post Office...
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